The Adult Placement Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019

PART 8 E+W Requirements on service providers as to staffing

Staffing - overarching requirements E+W

27.—(1) The service provider must ensure that at all times a sufficient number of suitably qualified, trained, skilled, competent and experienced staff are deployed to work at the service, having regard to—

(a) the statement of purpose for the service;

(b) the requirement to support individuals to achieve their personal outcomes;

(c) the requirements of the regulations in Parts 2 to 11;

(d) the requirement to support and supervise adult placement carers in providing care and support.

(2) The service provider must ensure that suitable arrangements are made for the support and development of staff.

Commencement Information

I1 Reg. 27 in force at 29.4.2019, see reg. 1(2)

Fitness of staff E+W

28.—(1) The service provider must not—

(a) employ a person under a contract of employment to work at the service unless that person is fit do so;

(b) allow a volunteer to work at the service unless that person is fit to do so;

(c) allow any other person to work at the service in a position in which he or she may in the course of his or her duties have regular contact with individuals who are receiving care and support unless that person is fit to do so.

(2) For the purposes of paragraph (1), a person is not fit to work at the service unless—

(a) the person is of suitable integrity and good character;

(b) the person has the qualifications, skills, competence and experience necessary for the work he or she is to perform;

(c) the person is able by reason of their health, after reasonable adjustments are made, of properly performing the tasks which are intrinsic to the work for which he or she is employed or engaged;

(d) the person has provided full and satisfactory information or documentation, as the case may be, in respect of each of the matters specified in Schedule 1 and this information or documentation is available from the service provider for inspection by the service regulator;

(e) where the person is employed by the service provider to manage the service, from 1 April 2022 the person is registered as a social care manager with SCW M1 .

(3) An appropriate DBS certificate must be applied for by, or on behalf of the service provider, for the purpose of assessing the suitability of a person for a post referred to in paragraph (1). But this requirement does not apply if the person working at the service is registered with the Disclosure and Barring Service update service (referred to in this regulation as the DBS update service).

(4) Where a person being considered for a post referred to in paragraph (1) is registered with the DBS update service, the service provider must check the person's DBS certificate status for the purpose of assessing the suitability of that person for that post.

(5) Where a person appointed to a post referred to in paragraph (1) is registered with the DBS update service, the service provider must check the person's DBS certificate status at least annually.

(6) Where a person appointed to a post referred to in paragraph (1) is not registered with the DBS update service, the service provider must apply for a new DBS certificate in respect of that person within three years of the issue of the certificate applied for in accordance with paragraph (3) and thereafter further such applications must be made at least every three years.

(7) If any person working at the service is no longer fit to work at the service as a result of one or more of the requirements in paragraph (2) not being met, the service provider must—

(a) take necessary and proportionate action to ensure that the relevant requirements are complied with;

(b) where appropriate, inform—

(i) the relevant regulatory or professional body;

(ii) the Disclosure and Barring Service.

Commencement Information

I2 Reg. 28 in force at 29.4.2019, see reg. 1(2)

Marginal Citations

M1 See section 67(3) of the Act for the definition of Social Care Wales as “SCW”.

Supporting and developing staff E+W

29.—(1) The service provider must have a policy in place for the support and development of staff.

(2) The service provider must ensure that any person working at the service (including a person allowed to work as a volunteer)—

(a) receives an induction appropriate to their role;

(b) is made aware of his or her own responsibilities and those of other staff;

(c) receive appropriate supervision and appraisal;

(d) receive core training appropriate to the work to be performed by them;

(e) receive specialist training as appropriate;

(f) receive support and assistance to obtain such further training as is appropriate to the work they perform.

(3) The service provider must ensure that any person employed to work at the service is supported to maintain their registration with the appropriate regulatory or occupational body.

Commencement Information

I3 Reg. 29 in force at 29.4.2019, see reg. 1(2)

Compliance with employer's code of practice E+W

30.  The service provider must adhere to the code of practice on the standards of conduct and practice expected of persons employing or seeking to employ social care workers M2 , which is published by SCW under section 112(1)(b) of the Act.

Commencement Information

I4 Reg. 30 in force at 29.4.2019, see reg. 1(2)

Marginal Citations

M2 As defined in section 79 of the Act.

Information for staff E+W

31.—(1) The service provider must ensure that all persons working at the service (including any person allowed to work as a volunteer) are provided with information about the service and the way it is provided.

(2) The service provider must ensure that there are suitable arrangements in place to make staff aware of any codes of practice about the standards of conduct expected of social care workers, which is to be published by SCW under section 112(1)(a) of the Act.

Commencement Information

I5 Reg. 31 in force at 29.4.2019, see reg. 1(2)

Disciplinary procedure E+W

32.—(1) The service provider must put in place and operate a disciplinary procedure.

(2) The disciplinary procedure must include—

(a) provision for the suspension, and the taking of action short of suspension, of an employee, in the interests of the safety or well-being of people using the service;

(b) provision that a failure on the part of an employee to report an incident of abuse, or suspected abuse, to an appropriate person, is grounds on which disciplinary proceedings may be instituted.

(3) For the purpose of paragraph (2)(b), an appropriate person is—

(a) the service provider,

(b) the responsible individual,

(c) an officer of the service regulator,

(d) an officer of the local authority for the area in which the service is provided,

(e) in the case of an incident of abuse or suspected abuse of a child, an officer of the National Society for the Prevention of Cruelty to Children, or

(f) a police officer.

Commencement Information

I6 Reg. 32 in force at 29.4.2019, see reg. 1(2)